Terms and Conditions

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 Terms & Conditions

This website, https://www.dynastyexchange.com.au (Website), and the Dynasty Exchange IOS and Android mobile applications (Apps) are operated by Dynasty Life Pty Ltd (ACN 663 610 286) trading as Dynasty Exchange (Dynasty Exchange, we, us, our).  

Please read these Terms & Conditions and our Privacy Policy (collectively, our Terms) carefully as they apply to your usage of the Website and the Apps (including the fantasy sports services, content or other material appearing on them) (collectively, the Services).  

We reserve the right to review and modify the Terms and the Services at any time with or without notice. By registering an account (Dynasty Account) or otherwise accessing the Services, you agree to be bound by these Terms as amended from time to time. 

1. Personal use 

You are authorised to access and use the Services solely for your personal, non-commercial, and informational purposes only. You must not use the Services for commercial purposes or for any purpose that is unlawful.  

You are responsible for all your activity in connection with the Services. You warrant that any information you provide via this website and any third-party website reasonably required to provide the Services will be accurate and complete, and will not be in any way misleading, deceptive, or likely to mislead or deceive. 

2. Eligible Participants 

Access and use the Services, is open to all people (Eligible Participants). Your acceptance of these Terms provides you with a limited and temporary licence and permission to access and use the Services, which may be revoked at any time in accordance with these Terms. 

Access to and use of the Services by a person who is not an Eligible Participant is a violation of these Terms. 

3. Registering an account 

You may be required to register a Dynasty Account to access the Services and take advantage of certain features of Dynasty Exchange.  

By registering a Dynasty Account, you acknowledge that: 

1. you have read, understood, and agree to the Terms; and 
2. you are an Eligible Participant and possess the legal right and ability to enter into a legally binding agreement with Dynasty Exchange. 

As part of the Dynasty Account registration process, you may be required to provide us with personal information such as your name, age, residential address, contact number and email address. You warrant that this information is current and accurate. We will handle all personal information we collect in accordance with our Privacy Policy.  

4. Password and account access

You are solely responsible for maintaining confidentiality of your Dynasty Account details and password. You are also responsible for all use and activity carried out under your Dynasty Account. If you discover any unauthorised use of your Dynasty Account, or other known related security breach, you must report it to Dynasty Exchange immediately. Dynasty Exchange will not be liable for any loss or damage arising from your failure to comply with this section 4. 

We reserve the right to refuse your access and use of the Services. We reserve the right to restrict, suspend or terminate without notice your access to Services, or any feature of the Services at any time without notice and we will not be responsible for any loss, cost, damage, or liability that may arise as a result. 

5. Availability of Services 

We reserve the right to alter, update, or remove any Services at any time. We may modify the Services for any reason, at our discretion. We do not guarantee that the Services will always be up to date, available, work or be accessible at any time.  

We will not be liable if, for any reason, the Services are unavailable at any time or for any period. The availability of the Services may be affected by a variety of factors, including game delays or cancellations, application of a broadcast policy (which prohibits broadcast of games under certain circumstances and in certain areas), technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific Services or content under these Terms. 

6. Third party sites

Our Services may contain links to websites operated by third parties. Those links are provided solely for your convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. You access those sites and use the information, products and services made available at those sites solely at your own risk.  

7. Intellectual property

The Services (including the Website, Apps and their respective content) and any attaching intellectual property rights belong to Dynasty Exchange, or to someone who has given Dynasty Exchange permission to use it. 

The Dynasty Exchange logo and name is an unregistered trademark and cannot be used without our prior written consent. 

All content, including but not limited to text, statistics, graphics, logos, photographs, audio and video clips and data compilations is the exclusive property of Dynasty Exchange or its content suppliers and is protected by Australian and International copyright laws. You agree that you will not reproduce, distribute, publish, republish, print, post on any social media site, modify or otherwise deal with any content, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.  

To avoid doubt, you must seek our written permission prior to publication of any aspect of our Services or content. 

8. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Services, including but not limited to: 

1. any act that would constitute a breach of either the Privacy Policy or any other of the legal rights of others (including intellectual property and other proprietary rights); 
2. any act that is deceptive or fraudulent; 
3. use any method to gain unauthorised access to any features of the Services; 
4. use any device, software, process or means to interfere or attempt to interfere with the proper working of our Services or undertake any action that will impose a burden or make excessive traffic demands on our infrastructure;  
5. directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; 
6. using the Services to defame or libel us, our employees or other individuals; 
7. sell or otherwise transfer your Dynasty Account; or 
8. posting or transmitting to the Services any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. 

9. Disclaimers

In addition to all other disclaimers referenced in these Terms, you confirm and agree: 

1. that your use of the Services is at your own risk; 
2. the information, materials, products and services provided on or through the Services are provided “as is” and to the fullest extent permissible by applicable law, we disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services; 
3. except for the purposes of any Australian Consumer Law, we expressly disclaim all liability for the Services or any claims that are due to your use of the Services; and 
4. we cannot guarantee that the Services will be secure, complete, accurate or up to date, or that access to the Services will be uninterrupted, error-free, free from viruses.

10. Limitation of liability

To the maximum extent permitted by law, including the Australian Consumer Law, Dynasty Exchange does not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Services. In no event will Dynasty Exchange, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Services be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of the Services, any third party websites linked to our Services (including the materials, information or services contained on our Website and Apps) whether in contract or tort or regardless of being advised of the possibility of such damages.

In the event of any problem with our Services, you agree that your sole remedy is to cease using the relevant Services. 

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Services. You must take your own precautions to ensure that whatever you select for your use from our Services is free of viruses or anything else that may interfere with or damage the operations of your computer systems. 

You agree to indemnify, defend and hold Dynasty Exchange (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim or demand, made by any third-party due to or arising out of breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

11. General

These Terms are subject to the laws of Western Australia and of the Commonwealth of Australia as applicable in Western Australia irrespective of where the Service is delivered and used. You agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in the State of Western Australia for any legal proceeding arising in connection with the Terms.  

If any part of these Terms becomes unenforceable, that part is, or will be, severed from the Terms so that all the remaining parts remain in full force and effect and are unaffected by that severance. Failure by us to enforce a right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. 

The agreement contained in these Terms contains all of the terms, conditions, representations and warranties in connection with the agreement reached between Dynasty Exchange and you with respect to the subject matter of these Terms.

12. Contact us  

If you have any questions about the Services or Terms or require assistance, please email us at al.dynastyexchange@gmail.com